According to the Romanian Civil Code, in Romania there are two types of testaments, namely: ordinary or usual testaments and privileged or extraordinary. Individuals who need assistance to conclude any of these documents can rely on the specialized aid provided by our Romanian lawyers.
In the category of ordinary wills, the Civil Code includes the authentic testament and the handwritten or holograph testament, covered in art. 1041-1046.
The privileged testaments are regulated by art. 1047 and art. 1048 and they refer to testaments concluded under special conditions or in special situations.
The handwritten testament must be written entirely by hand, dated and signed by the testator's hand. One of our lawyers in Romania can help those interested write this document according to their will.
According to art. 1042, before its execution, the holograph testament must be brought before a public notary in order to be marked as unchanged, after which those interested can receive copies of the holograph testament.
After completing the succession procedure, the original of the testament is surrendered to the legatees according to the settlement that took place between them, and in its absence, to the person appointed by court.
The experts at our law firm in Romania can help during succession.
A testament is authentic if it has been authenticated by a public notary or other person invested with public authority by the state. The law provides for the possibility of the testate to be assisted by one or two witnesses during authentication.
The testate dictates its provisions before a notary who has the obligation to act and write and then read it to the testate or, where appropriate, give it to him to read, these formalities being mandatory. If the testate had already written his last act of will, the authentic testament will be read to him by the notary.
After reading it, the testate must declare that the act expresses his last will, the testament then being signed by the testate and the authentication document by the notary. One of our Romanian lawyers can be present during this procedure, should you choose legal representation.
In such situations, according to art. 1045 par. (1), if because of infirmity, sickness or any other cause, a person may not sign, the public notary, fulfilling the act will mention that fact in the conclusion act, this indication standing for the signature. The indication will be read to the testate by the notary in the presence of two witnesses, thus supplying the formality of the signature of the testate. Our lawyers in Romania can provide more details if you are in this situation.
According to art. 1047 of the Civil Code, a testament can validly be concluded in the following special situations listed below by our attorneys in Romania:
It is useful to know that the privileged testament must be concluded in the presence of two witnesses and signed by the testator, the two witnesses and the instrumentation agent.
The team of lawyers in Romania at Darie, Manea & Associates law firm is available for additional information regarding the types of testaments in Romania, the valid methods for their legal conclusion, as well as the effects they produce under the Romanian legislation. Do not hesitate to contact our Romanian law firm for specialized legal advice and representation before competent authorities when needed.